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Lucio Antonio Montes

Lucio Montes’s Answers

251 total


  • What is the fastest way to get a new bond set for my son?

    My son was re-arrested for not showing up in court and no bonded two weeks ago. He was in the hospital on his court date (which I provided documentation for) and is about to loose his job. I immediately contacted her but she waited 2 days to cal...

    Lucio’s Answer

    You can not get him a new bond yourself. You can not represent anyone in criminal court if you are not a licensed attorney. If you are unhappy with his current attorney, I am assuming that is who you are referring to when you say you contacted her, hire a new one that can work his case. Remember that the attorney does not owe a duty to you, just your son. Is it your son telling you that she said the charges would be dismissed or did you hear it from her? It might just be some miscommunication. I hope everything works out for you, good luck.

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  • Do I need a criminal attorney ?

    I am summoned to appear before the Municipal Court of the City of Arlington. For a misdemeanor offense because of UNCLEAN PREMISES. I purchased the property about five months ago, soon after I received a citation for tall grass. I hired someone ...

    Lucio’s Answer

    It is only a class C misdemeanor and you do not necessarily need an attorney. You can represent yourself. Many of the attorneys that dedicate themselves to defending class C misdemeanors charge very reasonable fees. It might be well worth taking an attorney to handle this case especially if the fees are inexpensive. Good luck.

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  • How do I CHANGE court appointed lawyers for someone?

    I do not like my fiances court appointed lawyer. It took him literally a month to call me back after calling him 3 times, even insisting my calls were urgent. My fiance also does not like him. He feels as if he doesn't care, and it isn't trying as...

    Lucio’s Answer

    You have a right to counsel of your choice, if you are paying. The court does not generally entertain request for a change of counsel. The attorney that is appointed to your fiance does not have to communicate with you, he owes zero duty to you. If your fiance does not like his court appointed attorney and you want to help him, then scrape up some money and hire an attorney for him. Call local criminal defense attorney and check out their prices. Good luck.

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  • My case is being dismissed but the charge will remain on my record, showing dismissed? Doesn't seem fair and need clarification.

    My case is being dismissed because the lack of evidence. The evidence submitted against me doesn't match the sworn statement given by police, rightfully so because I was innocent. I expected this outcome so having it dismissed was a given but I'm...

    Lucio’s Answer

    You should consult with a criminal defense attorney about your specific case. You might be immediately eligible if you meet the requirements under 55.01(a)(2)(ii). You should seek a criminal defense attorney that regularly practices in the county where you were charged for advice. Most offer free consultations. Good luck.

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  • I'm sorry if this sounds like a stupid question, but what exactly is a citation for a class b theft?

    I made a stupid mistake and regrettable choice to steal and was given a citation for class b theft. Because I was cooperative and honest the loss prevention officer asked the cop to not take me to jail. I am worried about my future studies becaus...

    Lucio’s Answer

    Are you sure that it is a class B theft? Maybe they cut you a break and only charged you with a class C theft. A class B theft is punishable by up to a 2000 dollar fine and 180 days in the county jail whereas a class C misdemeanor is only punishable by a fine. . The value of the items just has to be more than 50 dollars for a class B misdemeanor. You should contact a criminal defense attorney to help you ascertain whether you will need to post a bond or simply appear in court for a class C misdemeanor. It sounds strange that you were not arrested. Your goal should be to try to keep it off your record, so hiring competent legal counsel is vital. Good luck.

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  • Will public intoxication show on record when a company does a background check?

    Arrested, got bail, case dismissed

    Lucio’s Answer

    It will likely show up. In order to erase all traces of your arrest you must file for an expunction. You should contact the attorney that represented you are contact another criminal defense attorney to help you file. Good luck.

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  • What going to happen

    I got caught stealing they charged me for theft of property more 500 and less than 1200 what is going to happen do I need to seek a lawyer I have not got any paper or anything I just saw in the newspaper. Someone help resolve this so I can more on...

    Lucio’s Answer

    You do need to hire an attorney. No one here can tell you what is going to happen. You are facing up to a year in jail and a 4000 dollar fine. It is going to take some time for you to resolve the issue and move on with your life. Your first step is to get some help ASAP. Good luck.

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  • Expunge Class C mis- TX after deferred

    In the State of TX- Had a (Class C misdemeanor) for an attempted theft , with an attorney's help and talks with prosecutor they agreed to dismiss the Attempted Theft and have instead given me a 90 day deferred probation on a Disorderly Conduct,I ...

    Lucio’s Answer

    You have to wait for 180 days from the date of the arrest. The time that it takes to complete varies on the county. (see Code of Criminal Procedure 55.01(a)(2)(A)(i)(a). You should contact a criminal defense attorney in your area to give you a more accurate guess on how long it will take. Good luck.

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  • Can I plead for county time instead of probation in Felony case

    I am currently in process of discussing a plea deal which includes 4-5 years of probation for a second degree felony. What im asking is would it be wise to ask for maybe 2-6 months in county jail instead. I understand that im lucky to get the pro...

    Lucio’s Answer

    • Selected as best answer

    Your attorney can always ask the State reduce the current charge to a State Jail Felony and then ask for a 12.44(a) or 12.44(b). As the crime now stands, you are not eligible to serve county time for the felony. The best person to speak to is your current criminal defense attorney to see if it is even within the realm of possibilities. Good luck.

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